Negligence and Compensation Cases Annotated, Volum 1
Current appellate decisions with supporting pleadings and approved instructions relating to the law of negligence generally, with accompanying editorial comment, cross-references to additional sources, and relevant case annotations.
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accident action agent alleged answer Appeal applied assumed authority automobile bridge brought carried carrier caused charge circumstances claim coal common compensation complaint condition Constitution contract corporation County court crossing damages danger death defective defendant defendant's denied direct door duty effect electric employed employee employment engaged engine error evidence exercise existence fact failed failure feet fire further give given ground hand held hold injury instruction judgment jury knowledge known liability master necessary negligence notice operation opinion ordinary owner passed passenger performance person plaintiff present proper protection question railroad company railway reason received recover damages rendered result risk road rule safe servant statute stop street sufficient sustained testimony tion track train trial verdict wires
Side 861 - Act to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Side 36 - A person has no property, no vested interest in any rule of the common law. That is only one of the forms of municipal law, and is no more sacred than any other. Rights of property which have been created by the common law cannot be taken away without due process, but the law itself as a rule of conduct may be changed at the will or even at the whim of the legislature, unless prevented by constitutional limitations.
Side 554 - Where the injury for which compensation is payable under this Act was caused under circumstances creating a legal liability in some person other than the employer...
Side 514 - ... which he would have been liable to pay if that workman had been immediately employed by him, and where compensation is claimed from or proceedings are taken against the principal, then, in the application of this act...
Side 872 - The laws of the United States are laws in the several states, and just as much binding on the citizens and courts thereof as the state laws are. The United States is not a foreign sovereignty as regards the several states, but is a concurrent and, within its jurisdiction, paramount, sovereignty.
Side 522 - ... means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper, necessary and essential to his carrying...
Side 32 - It may be said in a general way that the police power extends to all the great public needs. ... It may be put forth in aid of what is sanctioned by usage, or held by the prevailing morality or strong and preponderant opinion to be greatly and immediately necessary to the public welfare.
Side 35 - When our constitutions were adopted it was the law of the land that no man who was without fault or negligence could be held liable in damages for injuries sustained by another.
Side 32 - Nevertheless, notwithstanding the logical form of the objection, there are more powerful considerations on the other side. In the first place, it is established by a series of cases that an ulterior public advantage may justify a comparatively insignificant taking of private property for what, in its immediate purpose, is a private use.